The Companies (Removal Of Difficulties) Seventh Order - dated 4th Sept 2014 New

September, 05th 2014

ITo be published in the cazette of India, Extraordinary, Part II, section 3, sub-
section (ii)i
GOVERNMENT OF INDIA
MINISTRY OF COR.FORATE AFFAIRS
ORDER
New Delhi, the 4* September, 2014
S.O. Whereas the Companies Act, 2013 (18 of 2013) (hereinafter referred
to as the said Act) received the assent of the President on the 29th August,
2013 and section 143 of the Act, which provides for the powers and duties of
the auditors and auditing standards, came into force with effect from 1st April,
20r4;
. And whereas sub-sections (5) and (7) of section 139 of the said Act
provide for power of the Comptroller and Auditor-General of India to appoint
an auditor duly qualified to be appointed as an auditor in a covernment
company or any other company owned or controlled, directly or indirectly, by
the Central Government, or by any State Government or Governments, o!
partly by the Central covernment and padly by one or more State
Governments;
And whereas sub-section (5) of section 143 of the said Act which
provides for power ofthe Comptroller and Auditor General oflndia to conduct
supplementary audit does not specihcally cover companieg bwned or
controlled, directly or indtectly, by the Central Government, or by any State
Government or Governments, or partly by the Central Government and partly
by one or more State Governments';
And whereas difliculties have arisen in implementation of the provisions
of sub-section (5) of section 143 for companies referred to in sub-sections (5)
and (7) of section 139 of the said Act;
Now, therefore, in exercise of the powers conferred by sub-section (l) of
section 47O of the Companies Act, 2Ol3 the Central Govemment hereby
makes the following Order to remove the aforesaid diflicultiea, namely:-
1. Short title and commencement.-
(1) This order may be called the Companies (Removal of Dilliculties)
Seventh Order, 2014.
(2) It shall come into force on the date of its publication in the Oflicia.l
GazEtte.
2. In section 143 of the Companies Act, 2013 in sub-section (5), for the
portion beginning with the words , In the case of a Government companl/ and
ending with the words "required to be audited and", the following shall be
substituted, namely : -
"In the case ofa Government company or any other company owned or
controlled, directly or indirectly, by the Cen&al covemment, or by any State
Government or Governments, or partly by the Central Government and partly
by one or more State Govemments, the Comptroller and Auditor-General of
India shall appoint the auditor under sub-section (51 or sub-section (71 of
section 139 and direct such auditor the manner in which the accounts of the
company are required to be audited and,,.
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AMARDEEP SINGH BHATIA, JOINflb